"But Joseph Tate, an attorney for Libby, said yesterday that he told Miller attorney Floyd Abrams a year ago that Libby's waiver was voluntary and that Miller was free to testify. He said last night that he was contacted by Bennett several weeks ago, and was surprised to learn that Miller had not accepted that representation as authorization to speak with prosecutors.

"We told her lawyers it was not coerced," Tate said. "We are surprised to learn we had anything to do with her incarceration."

Tate said that he and Bennett then asked Fitzgerald whether their clients could talk without fear of being accused of obstructing the investigation, and were assured that Fitzgerald would not oppose them doing so. After the phone call from Libby on Sept. 19 or 20, Tate said, the lawyers wrote a letter to Fitzgerald indicating Miller accepted Libby's representation that the waiver was voluntary."

13. I think the whole issue of the "release" is bullshit, frankly. Miller's

not known for her journalistic integrity and has publicly burned a confidential source before.

But for some folks (like some of her fellow journalists apparently) she's apparently managed to rehabilitate herself from WMD slut to martyr to the first amendment. So that's been a bit of a coup for her.

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